New code for the protection of civilian population and property during armed conflict

1980 ◽  
Vol 20 (219) ◽  
pp. 287-315 ◽  
Author(s):  
Ionel Gloşcă
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Treaties ◽  
Civilian Population ◽  
State Activity ◽  
The Holocaust ◽  
Definition Of ◽  
Do So

One of the principles underlying international law applicable in armed conflicts is that no act of war is permitted against the civilian population, consisting, by definition, of persons who take no part in the hostilities.Until the holocaust of 1939–45, international law gave practically no real protection to the civilian population in the event of war, and was not even intended to do so since up to that time war was considered to be a State activity from which civilians remained aloof. There were, nonetheless, general principles and rules in various international treaties which, in one way or another, related also to the civilian population.

scholarly journals The impact of armed conflict on the effects of international treaties

2020 ◽  
pp. 396-400
Author(s):  
Vyacheslav Tienieshev
Keyword(s):  
International Relations ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Vienna Convention ◽  
International Treaties ◽  
Progressive Development ◽  
The Stability ◽  
Number Of Parties ◽  
The Impact

In the science of international law, different views are expressed on the nature of the impact of war on international treaties. It should also be noted that there is no strict consistency on this issue and in the practice of international relations. This was one of the reasons for the lack of relevant provisions in the Vienna Convention on the Law of Treaties. Some definite understanding of the content of existing customary norms and trends in the progressive development of international law is given by the Articles of the United Nations Commission on International Law on the Consequences of Armed Conflicts for International Treaties. The basic principle enshrined in the Articles is that the existence of an armed conflict ipso facto does not terminate or suspend treaties between States Parties to that conflict or between a State Party to an armed conflict and a State which is not a Party to it. This principle is intended to promote the stability of international relations. The following factors should be considered when deciding whether to terminate, withdraw from, or suspend an armed conflict in the event of an armed conflict: a) the nature of the contract - in particular its subject, object and purpose, its content and the number of parties to the contract; (b) The characteristics of an armed conflict, such as its territorial distribution, scale and intensity, its duration and, in the case of a non-international armed conflict, also the degree of external involvement. The developers of the Articles have tried to provide an indicative (and therefore inexhaustible) list of types of contracts, the subject of which is to extend their validity. The categories of contracts included in the indicative list caused a great deal of disagreement. The intention to terminate the treaty shall be communicated to the other States Parties or the depository of the treaty. The termination or suspension of a treaty as a result of an armed conflict in no way affects the obligation of the State to fulfill the obligations enshrined in the treaty, which also exist in accordance with international law, regardless of this treaty. Following the termination of an armed conflict, unless otherwise agreed by the parties, the suspension of the suspended agreements may take place with the agreement of the States concerned. Obviously, customary international law has developed a set of rules regarding the impact of armed conflict on treaties. Armed conflict in modern international law ipso facto does not terminate or suspend existing treaties, even though a number of them may be terminated or suspended in view of their nature. In this regard, it can be said that the regulation of treaties in the event of armed conflict aims at the maximum possible preservation of legal relations between the states.

Displacement of Civilians during Armed Conflict in the Light of the Case Law of the Eritrea-Ethiopia Claims Commission

2009 ◽  
Vol 22 (4) ◽  
pp. 823-851 ◽  
Author(s):  
ALLEHONE MULUGETA ABEBE
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Case Law ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
State Responsibility ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Law

AbstractThe awards on liability and damages for violations of international humanitarian law of the Eritrea-Ethiopia Claims Commission uncover both the extent of state responsibility for unlawful displacement and deportation of civilian population resulting from wrongful actions of belligerents under international law and the availability of remedies for victims of such violations. The Commission reached a number of important decisions based on government-to-government claims brought by Ethiopia and Eritrea for injuries, losses, and damage suffered by individuals and groups uprooted by the war. While these decisions bring to light the potential of international humanitarian law in addressing the plight of the displaced, they also expose the limitations of the tribunal's mandate and its interpretation of existing law. The aim of this essay is to analyse the case law of the Commission in the light of international law applicable to situations of displacement of civilians triggered by international armed conflicts, and evaluate the relevance of the Commission's jurisprudence for the development of the law in the field.

Assistance to the civilian population: the development and present state of international humanitarian law

1992 ◽  
Vol 32 (288) ◽  
pp. 249-263 ◽  
Author(s):  
Denise Plattner
Keyword(s):  
International Law ◽  
Present State ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Civilian Population ◽  
The Right

Bearing in mind the plethora of rules applicable in time of war, jurists define international law rather elaborately as follows:“International humanitarian law applicable in armed conflict means international rules, established by treaties or custom, which are specifically intended to solve humanitarian problems directly arising from international or non-international armed conflicts and which, for humanitarian reasons, limit the right of Parties to a conflict to use the methods and means of warfare of their choice or protect persons and property that are, or may be, affected by conflict”.

Introduction

2018 ◽  
Author(s):  
Kubo Mačák
Keyword(s):  
International Law ◽  
Research Methodology ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Normative Framework ◽  
Comprehensive Examination

This chapter introduces the central aim of this book: to provide a comprehensive examination of the notion, process, and effects of internationalization of armed conflicts in international law. It presents a brief research overview, outlining the scope of the enquiry, the research methodology, and the structure of the book. It then lays out the conceptual and normative framework for the rest of the book. To that end, it first justifies the need for the present study by confirming the continuing distinction between international and non-international armed conflicts in international law. Then, it puts forward a conception of internationalization that expresses the legal transformation from a non-international to an international armed conflict.

Of Rebels, Insurgents, and Belligerents

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Laws Of War ◽  
Armed Group ◽  
State Practice

The first chapter opens the substantive analysis of the organization requirement for non-state parties to armed conflicts. First, it briefly examines why the laws of war have originally been state-focused, and shows how this state focus coined international law requirements of main characteristics of a party to an armed conflict. Second, it analyses how philosophers broadened the legal notion of ‘war’ as to include conflicts involving certain non-state entities. Subsequently, this chapter examines state practice to identify which qualities a non-state armed group needed to possess to obtain the ‘belligerent’ status. It also examines the question of which kind of entities could qualify as ‘insurgents’ or ‘rebels’.

scholarly journals International law protecting the environment during armed conflict: gaps and opportunities

2010 ◽  
Vol 92 (879) ◽  
pp. 569-592 ◽  
Author(s):  
Michael Bothe ◽  
Carl Bruch ◽  
Jordan Diamond ◽  
David Jensen
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Environmental Law ◽  
International Humanitarian Law ◽  
Environmental Damage ◽  
Humanitarian Law ◽  
International Environmental Law ◽  
Basic Principles ◽  
Principle Of Proportionality ◽  
Definition Of

AbstractThere are three key deficiencies in the existing body of international humanitarian law (IHL) relating to protection of the environment during armed conflict. First, the definition of impermissible environmental damage is both too restrictive and unclear; second, there are legal uncertainties regarding the protection of elements of the environment as civilian objects; and third, the application of the principle of proportionality where harm to the environment constitutes ‘collateral damage’ is also problematic. These gaps present specific opportunities for clarifying and developing the existing framework. One approach to addressing some of the inadequacies of IHL could be application of international environmental law during armed conflict. The detailed norms, standards, approaches, and mechanisms found in international environmental law might also help to clarify and extend basic principles of IHL to prevent, address, or assess liability for environmental damage incurred during armed conflict.

scholarly journals INTERNATIONAL ENVIRONMENT PROTECTION DURING ARMED CONFLICT CASE STUDY: ISRAEL-LEBANON CONFLICT

2008 ◽  
Vol 38 (1) ◽  
pp. 35
Author(s):  
Arie Afriansyah
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Environment Protection ◽  
International Environment ◽  
State Liability

AbstrakDuring the last decade many armed conflicts were occurred between nationsor states. From that situation initially people just have interests throughhuman who been victim more than environment destructions that had beenaffected. Furthermore since those environment defects have influencedthrough human living then triggered awareness toward worst effect of thewar. The author by this article does configure how by conflict between Israeland Lebanon (Hezbollah) have shaped bad affects not only to local but alsoregionally through the environment. Under that elaboration then willexamine how to resolve the conflict under international law and also toascertain state liability through environment destruction what was ensued

Legal Protection of Children in Non-International Armed Conflicts in Nigeria

2021 ◽  
pp. 1-27
Author(s):  
Olaitan Oluwaseyi Olusegun
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Legal Protection ◽  
Legal Framework ◽  
Armed Conflicts ◽  
Conflict Situations ◽  
Legal Frameworks ◽  
The Impact ◽  
Domestic Law

Abstract Armed conflicts are characterised by violence and human rights violations with various implications on the citizens, economy and development of nations. The impact is however more pronounced with life-long consequences on children, the most vulnerable members of the society. This article examines the impact of non-international armed conflicts on children in Nigeria and identifies the laws for the protection of children against armed conflicts, both in international law and Nigeria’s domestic law. It also addresses the challenges involved in the protection of children in armed conflict situations in Nigeria. The study found that legal efforts to protect children have not been given sufficient attention in Nigeria. This is mostly due to various challenges including the fragmentation of legal framework and the refusal to domesticate relevant treaties. It is thus recommended that these challenges be addressed through the implementation of effective legal frameworks.

Protecting the Environment During and After Armed Conflict, the International Law Commission and an Overdue Due Diligence Duty for Corporations

2021 ◽  
Vol 12 (2) ◽  
pp. 314-343
Author(s):  
Alexandra Wormald
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Due Diligence ◽  
Stakeholder Consultation ◽  
Global Consensus ◽  
International Law Commission ◽  
Law Commission

Abstract Recent years have seen a rising global consensus on the need to ensure appropriate protections for the environment during and after armed conflict. In this context, the International Law Commission provisionally adopted 28 draft principles on the protection of the environment in relation to armed conflicts in July 2019. With stakeholder consultation having concluded in June 2021, this article investigates what practical impacts the corporate due diligence and liability provisions in the draft principles are likely to have on the protection of the environment during and after armed conflict, should the principles be implemented as currently drafted.

5 Combatants and Non-Combatants

2021 ◽  
Author(s):  
Ipsen Knut
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Armed Conflicts ◽  
Direct Part ◽  
Minimum Standard ◽  
Individual Protection ◽  
The Many ◽  
Enemy Combatant ◽  
The Individual

This chapter examines the regulation of combatant status in treaty law and the many challenges for combatant status in recent armed conflicts. The primary status under international law of persons in an international armed conflict will be one of two categories of persons: ‘combatants’ and ‘civilians’. Combatants may fight within the limits imposed by international law applicable in international armed conflict, that is, they may participate directly in hostilities, which members of medical or religious personnel and ‘non-combatants’ may not do because they are excluded—by international law and by a legal act of their party to the conflict—from the authorization to take a direct part in hostilities. The chapter then discusses ‘unlawful combatants’, or what may be considered the better term: ‘unprivileged belligerents’. The term ‘unlawful enemy combatant’ was particularly used after 11 September 2001, to introduce a third category of persons which under existing law may be either combatants or civilians, but are denied such status as not fulfilling essential conditions. To use this third category in order to reduce the individual protection below the minimum standard of human rights is under no circumstances legally acceptable.

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